What is a guardianship?

Robert S. Thomas,

15th September 2016

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A guardianship is a legal proceeding in which a court names a person (i.e. guardian) to be responsible for the well-being or property of a minor or incapacitated individual (i.e. ward). A guardianship is a fiduciary relationship between a guardian and a ward whereby the guardian assumes the power to make decisions about the ward’s property (i.e. guardian of the estate) and/or a ward’s person (i.e. guardian of the person). A guardian of the estate can make decisions only about matters involving the ward’s assets and property. A guardian of the person is authorized by state statue to make all decisions affecting a ward’s well-being, such as physical custody, health issues and general well-being.